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B-181622 1 (1974-07-17)

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DECISION


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oo L VMf 'LIMPTRLLLL*ER GMMRAL
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MATTER OF:I


DATE : July 17, 1974


Mitessfell Machine Uorkt, In,


40996


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DI1GEST:


Sales contract may be rescinded where bid as
more than si:x zimon amount of nexCv hiCh Ibid
and nlmost three times Goverrunent eatablinhicd
upset price since contracting officer ionen
constructive notice of error and bid should have
been verified prior to award,


     This decision concerns fhe request of1 Iitchell Rchine
Works, Inc., for rescisson of the award of item 95 under
surplus sales contract 1o,  3-D-(S)-h-3781   becauso of
mistake in bid alleged after eward of the contract,


2      The General Services Admnir.stration has recommended
  that the contract be rescinded ot the ground that itchell'n
  bid, ihich vas more than six times the amount of the next
  high bid and almost three times the Government estnblishd
  upset price, should have placed the contracting officer on
  notice of the error.

       T  have reviewed the administrative file and, on the
  basis of the information contained therein, we agree that
a *thecontracting officer was on constructive notice of the
  error and that the bid should have been verified prior to
  award. Accordingly, the sales contract may be canceled
  without liability to Nitchelli Machin Works, Inc. B-177612,
  March 9, 1973.




                        DeputyComptrafL.
                               of the United States


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